Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4724 of 2026
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER 09.03.2026 I.A. No.3628 of 2026
1. This matter is taken up through hybrid mode.
2. This is an application for amendment of the prayer portion of the writ application as per the schedule appended.
3. Learned State counsel has no serious objection to the amendment being allowed.
4. In such view of the matter, the I.A. is allowed.
5. Consolidated cause title has already filed. The same be taken on record. (Sashikanta Mishra) Judge
W.P.(C) No.4724 of 2026
Order No.
03.
1. The petitioner has approached this Court with the following prayer:-
“It is therefore, prayed that this Hon’ble Court be
graciously please to issue rule nisi calling upon the O.P.
as why writ in the nature of mandamus/certiorari and/or
any other appropriate writ/writs or order/orders and/or
direction shall not be pass directing the O.Ps.
particularly O.P.s to release the enhanced compensation
amount in favour of the petitioner pursuant to order Jitendra Kumar Mallik .… Petitioner Represented by
Mr. K.A. Guru, Advocate -Versus- State of Odisha & Others .… Opp. Parties Represented by
Mr. S.N. Patnaik, Addl. Govt. Advocate
Order No.
02. .
dated 13.04.2015 passed by the Land Acquisition
Officer under Section 28-A of the Land
Acquisition Act, within a stipulated period;
If the O.Ps. fails to show cause or shows inadequate or
false cause, make the aforesaid rule nisi absolute;
And/or order/orders as the Hon’ble Court may deem
just and proper in order to provide the petitioner
complete relief;
And for their act of kindness, the petitioner shall as in
duty bound remain ever pray.”
2. It is submitted by the petitioner that his case is squarely covered by the ratio decided in the case of Hemanta Naik Vrs. State of Odisha in W.P.(C) No.27920 of 2023 and batch wherein a coordinate Bench of this Court held as follows:-
“18. In the result this court disposes of all the writ petitions granting liberty to each Petitioner to approach the competent Revenue Authority, i.e. concerned Tahasildar to give his opinion on the usability of the land and in such event the concerned Tahasildar is directed to give his opinion in respect of each specific land of respective Petitioners regarding its usability for agricultural purpose any more in the present scenario, within a period of 60 days from the date of application. Depending upon the opinion of the Revenue Authority, the Petitioners are at liberty to approach the registering officer again.”
3. Since the petitioners prayer is similar to the grievance fo the petitioner in the batch of writ applications, the present writ application is disposed of directing the Tahasildar, Dhenkanal to consider the grievance of the petitioner in light of the judgment passed in Hemanta Naik (Supra) within two months from today. The petitioner shall file a certified copy of this order and the aforementioned judgment before the Tahasildar.
(Sashikanta Mishra) Judge
Puspanjali Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.